The Factortame case Flashcards
1
Q
Cause of the case
A
Spanish fishermen complaining
Merchant Shipping Act (1988)
Violated Single European Act (1986)
2
Q
Where did the High Court refer the case to?
A
European Court of Justice (ECJ)
3
Q
What did the High Court tell the transport secretary not to do?
A
Apply key sections of the Act, until a final ruling
4
Q
Why did the HoL overturn the instruction from the High Court?
A
No UK court had the power to suspend statute
5
Q
What did the ECJ rule in response to the HoL actions?
A
UK courts do have the power to suspend Acts of Parliament that appear t break EU law
